The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

1. Summary of grounds for appeal;

A. Although there was a fact that an act such as mistake of facts or misapprehension of legal principles was committed, this does not constitute a crime because it constitutes legitimate self-defense or legitimate act as a passive resistance against the victim who had expressed a desire.

B. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts or misapprehension of legal principles, the fact that the Defendant and Si expenses incurred in the course of moving the victim to play water in the “C” or neighboring valleys operated by the Defendant, and the Defendant walked a fluor card, etc. in the name of “C”, and carried on business in the manner of receiving parking fees from those who park in the “K parking lot” installed by the Defendant and use valleys in the vicinity of the “K parking lot” (the Defendant without permission for operating the business, and without justifiable reasons, without permission for occupying the K parking lot, the river area was found to have been convicted of the criminal facts of the violation of the River Act, and this judgment became final and conclusive after appeal).

However, even if there are other evidence submitted by the prosecutor or materials submitted by the defendant, the victim infringed the defendant's private land without permission.

In addition, it is insufficient to recognize that the defendant expressed a desire to do so, and even if such points are recognized, the defendant's act of assaulting the victim constitutes legitimate self-defense as an act aimed at defending the current illegal infringement of his/her legal interests.

It can not be seen as a legitimate act, which does not violate social rules.